This agreement covers Epic's mobile app, not the web version
This is a legal agreement between Epic Systems Corporation (Epic) and you about installing and using the mobile version of the Epic app, which lets you access, review and use data made available by your healthcare provider. It gives you no right or license to the web-based version of the app, which is governed by a separate agreement between you and your provider. All access to and use of the app is subject to this agreement.
Supporting quotations
is a legal agreement between Epic Systems Corporation (“Epic”) and you (“You”) governing Your installation and use of the mobile version of the Epic application (the “App”) provided to You by Epic
The App enables You to access, review and use data made available by Your healthcare provider
Nothing in this Agreement gives You any right or license to the web-based version of Epic’s App, which is governed by a separate agreement between You and Your Provider
All access to and use of the App is subject to the terms of this Agreement.
Qualifications & exceptions
The agreement defines "Your Provider" as your healthcare provider whose data the app lets you access.
Not stated here
The separate agreement for the web-based version, and your provider's own terms, are not supplied in this source.
Legal Rights & Agreement Rules · Context
The agreement is dated May 16, 2025 and was last reviewed March 5, 2026
The agreement says it was last updated May 16, 2025. It also says it was last reviewed March 5, 2026, for formatting and minor wording updates. This analysis covers the text as supplied, which carries both dates.
Supporting quotations
Last Updated: May 16, 2025
Last Reviewed: March 5, 2026, formatting and minor wording updates
Not stated here
The document does not say which wording changed in the March 2026 review or whether that review date affects the effective date.
Legal Rights & Agreement Rules · Procedure
Using the app or clicking Accept means you accept; if you decline, do not use it
You accept the agreement by clicking the "Accept" button or by continuing to use the app. If you do not accept, the agreement says not to use the app and to remove it from your device. As an alternative, you may use a web-based version of the app, which is governed by a separate agreement between you and your provider. The agreement notes that the web-based version is not optimized for mobile devices and does not offer all of the app's functionality.
Supporting quotations
By clicking the “Accept” button or by continuing to use the App, You acknowledge that You have read, understand, and accept the terms of this Agreement.
If You do not accept the terms, then do not use the App and remove the App from Your device.
As an alternative, You may use a web-based version of the App that is governed by a separate agreement between You and Your Provider; please note that the web-based version of the App is not optimized for use on mobile devices and not all functionality available in the App is available in the web-based version.
Qualifications & exceptions
Acceptance happens either by clicking Accept or simply by continuing to use the app.
Legal Rights & Agreement Rules · Company practice
Epic can change the app or these terms at any time, effective when posted
Epic reserves the right, at any time, to change the app's functionality or the terms of this agreement by making the change available on the app or by giving you other notice. A change takes effect immediately upon posting on the app or on such other notice. If you disagree with a change, you may terminate the agreement at any time under Section 11 (the termination section), which lets you end it for any reason or no reason by written notice to Epic or by following termination instructions in the app. If you do not terminate, you are deemed to have agreed to the change through your continued use of the app.
Supporting quotations
Epic reserves the right, at any time, to modify the functionality of the App or the terms of this Agreement by making such modification available on the App or by providing other notice to You.
Any modification will be effective immediately upon posting on the App or such other notice.
If You do not agree with the modifications, You may terminate this Agreement at any time as set forth in Section 11.
If You do not terminate this Agreement, You will be deemed to have agreed to such modification through Your continued use of the App.
You may terminate this Agreement at any time and for any reason or no reason by providing written notice of such termination to Epic or by following any instructions for termination provided through the App.
Qualifications & exceptions
Changes apply to both the app's functionality and the agreement's terms.
Continued use after a change is treated as agreement to it.
Not stated here
This paragraph states no advance-notice period and does not itself say how "other notice" is given; the separate Notices section lists delivery methods.
Legal Rights & Agreement Rules · Restriction or exception
Disputes with Epic go to binding individual arbitration, with a class-action and jury waiver
A notice at the start says the agreement contains a binding arbitration provision in Section 17. Unless prohibited by applicable law, you agree that all disputes between you and Epic will be resolved by mandatory binding arbitration, and you waive any right to take part in a class action lawsuit or class-wide arbitration. The arbitration section applies to disputes that cannot be resolved informally and requires them to be arbitrated on an individual basis. If a court finally decides that applicable law does not allow the individual-capacity limit for a particular claim for relief, only that claim is severed from arbitration and may be brought in court. Section 17 also lets Epic go to court for immediate injunctive relief in certain intellectual property and confidentiality situations; later cards explain that carve-out.
Supporting quotations
UNLESS PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND EPIC WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION IN SECTION 17 BELOW.
which cannot be resolved informally, shall be resolved by binding arbitration on an individual, and not a class or representative, basis
If there is a final judicial determination that applicable law precludes enforcement of this Paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Qualifications & exceptions
The notice says "unless prohibited by applicable law".
Only a claim for which a court finally holds the individual-capacity limit unenforceable is severed to court; other claims stay in arbitration.
Not stated here
The agreement text does not describe an informal dispute-resolution process, although the arbitration section refers to disputes that cannot be resolved informally.
You get a limited, personal, non-transferable license to use the app
You may use the app for personal purposes in accordance with the agreement. If you comply with the agreement, Epic grants you a non-exclusive, personal, non-transferable, non-sublicensable, limited license to use the app on any device you own or control, solely to perform the functions and tasks available to you as an end user. Your use is strictly limited as the agreement provides and no other use is permitted.
Supporting quotations
SCOPE OF LICENSE
You may use the App for personal purposes in accordance with this Agreement.
Subject to Your compliance with the terms of this Agreement, Epic grants to You a non-exclusive, personal, non-transferable, non-sublicensable, limited license to use the App on any device You own or control, solely for the purpose of performing the functions and tasks available to You as an end user of the App.
Your use of the App is strictly limited as provided in this Agreement. No other use of the App is permitted.
Qualifications & exceptions
The license is conditioned on your compliance with the agreement.
It covers devices you own or control.
Legal Rights & Agreement Rules · Restriction or exception
Epic takes no responsibility for your arrangement with your provider or their medical advice
Epic says it has no responsibility or liability for any arrangement between you and your provider, or for your use or acceptance of any health care or medical advice from your provider.
Supporting quotations
Epic has no responsibility or liability with respect to any arrangement between You and Your Provider or Your use or acceptance of any health care or medical advice from Your Provider.
Content & IP Rights · Restriction or exception
Epic keeps all rights in the app, which is licensed to you, not sold
Epic reserves all ownership and intellectual property rights in the app, including trade secrets, patents, copyrights, trademarks and similar rights. The Epic name and logo and the product and service names associated with the app are trademarks of Epic (or your provider or other third-party providers), and you are given no right or license to use them. The app and its updates, upgrades or derivative works remain Epic's copyrighted work. The technology used to operate the app, and its structure, organization, underlying data, information and source code, are described as Epic's trade secrets and intellectual property, and you get no license to access or use them. The app is licensed, not sold, to you.
Supporting quotations
Epic reserves all ownership and intellectual property rights, including, without limitation all trade secrets, patents and patent applications, copyrights, trademarks, trade names, service marks, moral rights, contractual rights and other intellectual property and property rights in and to the App.
The Epic name and logo, along with the product and service names associated with the App are trademarks of Epic (or Your Provider or other third party providers) and no right or license is granted to You to use them.
no right or license is granted to You to access or use them. The App is licensed, not sold, to You.
Qualifications & exceptions
Trademarks are attributed to Epic, your provider or other third-party providers.
Legal Rights & Agreement Rules · Context
Some services reached through the app need a separate license with your provider
The app may give access, as offered by your provider, to Epic and third-party services and systems, including your provider's; the agreement calls these "Services". You acknowledge that certain Services enabled through the app may be provided under a license between you and your provider, which you must agree to before using those Services.
Supporting quotations
The App may enable access, as offered by Your Provider, to Epic and third party services and systems, including those of Your Provider (collectively and individually, “Services”).
You acknowledge certain Services enabled through the App may be provided pursuant to a license between You and Your Provider to which You must agree before using the Services.
Not stated here
Your provider's own license terms are not supplied in this source.
Legal Rights & Agreement Rules · Context
This agreement governs app upgrades unless a separate license comes with them
The terms of this agreement govern any upgrades Epic provides that replace or supplement the app, unless the upgrade is accompanied by a separate license agreement, in which case the new license governs.
Supporting quotations
The terms of this Agreement will govern any upgrades provided to You by Epic that replace and/or supplement the App, unless such upgrade is accompanied by a separate license agreement in which case the terms of the new license will govern.
Content & IP Rights · Restriction or exception
You get only the Section 1 rights and may not let others do the listed prohibited things
The agreement gives you only the limited rights to use the app set out in Section 1 (Scope of License); Epic reserves all other rights not expressly granted. You may not, and may not permit any third party to, do any of the twelve listed things. The first four are explained in the cards that follow here; the rest appear in the next part of the list.
Supporting quotations
LICENSE LIMITATIONS
This Agreement gives You only limited rights to use the App as set forth in Section 1 (Scope of License) above. Epic reserves all other rights not expressly granted to You.
You may not, and You may not permit any third party to, do any of the following:
Qualifications & exceptions
The prohibition also covers permitting a third party to do the listed things.
Content & IP Rights · Restriction or exception
You may not share benchmark or comparison test results of the app without Epic's written permission
You may not publish, discuss, release, broadcast or otherwise disseminate to any third party the results of any benchmark or comparison tests of the app unless you first have Epic's written permission.
Supporting quotations
(1) publish, discuss, release, broadcast or otherwise disseminate to any third party, the results of any benchmark or comparison tests of the App without the prior written permission of Epic;
Qualifications & exceptions
Epic's prior written permission lifts the restriction.
Content & IP Rights · Restriction or exception
You may not bypass the app's technical limits, reverse engineer it or build it into other software
You may not work around technical limitations in the app, including access restrictions. You may not reverse engineer, decompile or disassemble the app, except only to the extent applicable law expressly permits doing so for purposes of interoperability. You may not incorporate the app into any other software product.
Supporting quotations
(2) work around technical limitations in the App, including any access restrictions;
(3) reverse engineer, decompile, or disassemble the App, except and only to the extent that applicable law expressly permits doing so for purposes of interoperability;
(4) incorporate the App into any other software product;
Qualifications & exceptions
The reverse-engineering restriction has a narrow exception where applicable law expressly permits it for interoperability.
Legal Rights & Agreement Rules · Restriction or exception
You may not use the app in unlawful or abusive ways
You may not use the app in any manner that is illegal, unlawful or abusive. The agreement's examples include committing or promoting fraud or identity theft; sending or originating threatening or harassing materials; taking part in denial of service attacks or hacking or cracking; harassing, abusing, stalking, threatening or defaming a third party; and storing, sending or receiving content that infringes or misappropriates intellectual property or other proprietary rights.
Supporting quotations
(5) use the App in any manner that is illegal, unlawful or abusive including, without limitation, to commit or promote any fraud or identity theft, to send or originate any threatening or harassing materials, to initiate or participate in any denial of service or hacking or cracking, to harass, abuse, stalk, threaten, or defame any third party, or to store, send or receive any content that infringes or misappropriates any intellectual property or other proprietary rights;
Qualifications & exceptions
The examples are introduced by "including, without limitation", so they do not limit the general prohibition.
Item (5) of the list of things you may not do or permit a third party to do.
Security & Safeguards · Restriction or exception
You may not damage or overburden the app, or use bots or automated scripts to access it
You may not use the app in any manner that could damage, disable, overburden or impair it, and you may not use automated scripts or bots to use or access it.
Supporting quotations
(6) use the App in any manner that could damage, disable, overburden, or impair the App;
(7) use automated scripts or bots to use or access the App;
Qualifications & exceptions
Items (6) and (7) of the list of things you may not do or permit a third party to do.
Data Access & Collection · Restriction or exception
You may not use the app to harvest other people's contact information
You may not use the app to harvest or collect contact information of third parties by any means.
Supporting quotations
(8) use the App to harvest or collect contact information of third parties by any means;
Qualifications & exceptions
Item (8) of the list of things you may not do or permit a third party to do.
Content & IP Rights · Restriction or exception
You may not lend, sell, license or pass on your access to the app or make it available to others
You may not distribute, lease, lend, loan, sell, resell, redistribute, license, sublicense or transfer any of your rights to access or use the app, or otherwise make the app available to any third party.
Supporting quotations
(9) distribute, lease, lend, loan, sell, resell, redistribute, license, sublicense, or transfer any of Your rights to access or use the App, or otherwise make the App available to any third party;
Qualifications & exceptions
Item (9) of the list of things you may not do or permit a third party to do.
Content & IP Rights · Restriction or exception
You may not modify or copy the app without written permission, or remove its ownership notices
You may not modify, alter, reproduce or create any derivative work of the app without the prior written permission of Epic or your provider. You may not remove, obscure or alter any copyright notice or other proprietary rights notice, including the Epic logo, from the app. This sits alongside the agreement's statement that the app and its updates, upgrades or derivative works remain Epic's copyrighted work.
Supporting quotations
(10) modify, alter, reproduce, or create any derivative work of the App without the prior written permission of Epic or Your Provider;
(11) remove or obscure or alter any copyright notice or other proprietary rights notice (including the Epic logo) from the App; and
The App and any updates, upgrades or derivative works to the App are, and will remain, the copyrighted work of Epic.
Qualifications & exceptions
Items (10) and (11) of the list; written permission from either Epic or your provider lifts the modification restriction.
Security & Safeguards · Restriction or exception
You may not interfere with the app's operation or hosting to gain unauthorized access
You may not interfere in any manner with the operation or hosting of the app or the technology Epic uses to run it in order to gain unauthorized access to the app or that technology.
Supporting quotations
(12) interfere in any manner with the operation or hosting of the App or Technology to gain unauthorized access to the App or Technology.
Qualifications & exceptions
Item (12) of the list. "Technology" is defined in the intellectual property paragraph as the databases, software, hardware and other technology used by or on behalf of Epic to operate the app.
Legal Rights & Agreement Rules · Company practice
Even attempting a prohibited act is a violation Epic may pursue to the fullest extent allowed by law
The agreement says any attempt to do any of the listed prohibited things is a violation of Epic's rights and may be pursued to the fullest extent allowed by law.
Supporting quotations
Any attempt to do any of the above is a violation of the rights of Epic and may be pursued to the fullest extent allowed by law.
Qualifications & exceptions
"The fullest extent allowed by law" limits what Epic may pursue.
Not stated here
This sentence does not name particular remedies; other sections cover termination, suspension and indemnification.
Content & IP Rights · Restriction or exception
Content and services from your provider stay protected, and you may not copy or exploit them
You agree that services and materials provided by your provider may contain proprietary content, information and material protected by intellectual property and other laws, including copyright, and that you will not use such content except for permitted use of the Services or the materials provided by your provider. No portion of the Services or the materials provided by your provider may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, create derivative works based on, or exploit in any unauthorized way, the Services or the materials provided by your provider.
Supporting quotations
You agree that any Services and materials provided by Your Provider may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or the materials provided by Your Provider.
No portion of the Services or the materials provided by Your Provider may be reproduced in any form or by any means.
You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on, or exploit in any unauthorized way, the Services or the materials provided by Your Provider.
Qualifications & exceptions
The restriction on use has an exception for "permitted use of the Services or the materials provided by Your Provider".
Not stated here
The text does not say whether your own health information shown in the app counts as "materials provided by Your Provider" for the no-reproduction sentence, or what use of provider materials is "permitted".
Legal Rights & Agreement Rules · Restriction or exception
You may use the app only for purposes the agreement expressly permits
You are not permitted to use the app for any purpose other than as expressly permitted under the agreement.
Supporting quotations
You are not permitted to use the App for any purpose other than as expressly permitted under this Agreement.
Data Access & Collection · Permission or license
Epic may collect and use non-identifying technical data about your device and the app
You agree that Epic may collect, store and use what the agreement calls Non-Identifying Technical User Data, including technical information about your device, system and application software. Epic may use it to improve products and to facilitate the provision of Services or functionality for the app, such as authentication, performance optimization, software updates, product support and other services for you related to the app.
Supporting quotations
COLLECTION OF NON-IDENTIFYING TECHNICAL DATA, DATA PRIVACY, APPLICABLE PRIVACY POLICIES AND TERMS
You agree that Epic may collect, store, and use non-identifying technical data, including technical information about Your device, system, and application software (all such data, collectively, “Non-Identifying Technical User Data”).
Epic may use Non-Identifying Technical User Data to improve products, and to facilitate the provision of Services or functionality for the App, such as authentication, performance optimization, software updates, product support and other services for You related to the App.
Qualifications & exceptions
The data is described as non-identifying technical data; "including" means the examples do not fully list what is collected.
The purposes after "such as" are examples, not a closed list.
Not stated here
The agreement does not list specific data fields. Personally identifiable information is addressed through the Privacy Policy, which is not supplied in this source.
Use & Processing · Company practice
Technical data goes to Epic's U.S.-held records; if you object, do not use the app
The non-identifying technical data is transferred to and maintained in Epic's corporate records, which are generally held in the United States. If you do not want it transferred to the U.S., the agreement says not to use the app and to remove it from your devices. As an alternative, you may use the web-based version governed by a separate agreement between you and your provider, which the agreement says is not optimized for mobile devices and lacks some of the app's functionality.
Supporting quotations
This data will be transferred to and maintained in Epic’s corporate records, which are generally held in the United States of America (“U.S.”).
If You do not want Your Non-Identifying Technical User Data transferred to the U.S., then do not use the App and remove the App from Your device(s); as an alternative, You may use a web-based version of the App that is governed by a separate agreement between You and Your Provider; however, note that the web-based version of the App is not optimized for use on mobile devices and not all functionality available in the App is available in the web-based version.
Qualifications & exceptions
Records are "generally" held in the U.S., so the text does not say they are always held there.
This applies to Non-Identifying Technical User Data; MyChart Central identifiable data is addressed separately.
Retention & Deletion · Company commitment
Epic keeps non-identifying technical data for up to 90 days before purging it
Epic stores Non-Identifying Technical User Data for up to ninety days before purging it.
Supporting quotations
Epic stores Non-Identifying Technical User Data for up to ninety (90) days before purging it.
Qualifications & exceptions
The 90-day period applies to Non-Identifying Technical User Data only.
Not stated here
The retention period for personally identifiable data, including MyChart Central account data, is not stated in this agreement.
Legal Rights & Agreement Rules · Context
Your use is also subject to Epic's then-current Mobile Application Privacy Policy for Patients
In addition to this agreement, your access to and use of the app and all Services is subject to Epic's then-current Epic Mobile Application Privacy Policy for Patients, which you are asked to acknowledge when you install the app. The paragraph ends with a sentence about Epic's limited use and disclosure of personally identifiable information as described in the then-current Privacy Policy; that sentence is incomplete as written.
Supporting quotations
In addition to the terms of this Agreement, Your access to and use of the App and all Services is subject to Epic’s then-current Epic Mobile Application Privacy Policy for Patients, available at http://www.epic.com/privacypolicies/mobile-policy-patient/ (the “Privacy Policy”).
You are asked to acknowledge this Policy when You install the App.
Epic’s limited use and disclosure of personally identifiable information as described in Epic’s then-current Privacy Policy for the App.
Qualifications & exceptions
The policy is the "then-current" one, so it can change over time.
Not stated here
The Privacy Policy is linked but not supplied in this source, so what personally identifiable information Epic uses or discloses is not analyzed here.
Account & Service Control · Restriction or exception
The app works only through a provider that uses Epic software, and your provider's policies also apply
To use the app, your provider must be a healthcare organization using Epic's software and you must have an account with your provider. Because of this, your use of the app is also subject to your provider's policies, and you are told to contact your provider with questions about them.
Supporting quotations
To use the App, Your Provider must be a healthcare organization using Epic’s software, and You must have an account with Your Provider.
Because of this, Your use of the App is also subject to Your Provider’s policies. Please contact Your Provider if You have any questions about their policies.
Not stated here
Your provider's policies are not supplied in this source.
Data Access & Collection · Company practice
If you use a MyChart Central account, Epic stores some identifiable data about you on U.S. servers
Some Epic customers in the U.S. enable you to access MyChart Central, a service that streamlines access to your MyChart accounts at multiple healthcare organizations. If you create and use a MyChart Central account, Epic will store some identifiable data about you on Epic-owned servers in the United States, as described in the Privacy Policy.
Supporting quotations
MYCHART CENTRAL CONSIDERATIONS
Some Epic customers in the U.S. enable You to access MyChart Central, a service to help streamline Your access to Your MyChart accounts at multiple healthcare organizations.
If You create and use a MyChart Central account, Epic will store some identifiable data about You on Epic-owned servers in the United States, as described in the Privacy Policy.
Qualifications & exceptions
Applies only if you create and use a MyChart Central account.
MyChart Central is available only where Epic customers in the U.S. enable it.
Not stated here
Which identifiable data is stored and for how long is not stated here; the Privacy Policy is not supplied in this source.
Account & Service Control · Restriction or exception
Patients only of organizations outside the U.S. cannot use MyChart Central
If you are only a patient of a healthcare organization (or organizations) located outside the U.S., you cannot use MyChart Central, and the data storage described for MyChart Central accounts does not apply to you.
Supporting quotations
If You are only a patient of a healthcare organization (or organizations) located outside the U.S., You cannot use MyChart Central, and the data storage referred to in this paragraph does not apply to You.
Qualifications & exceptions
The restriction applies to people who are patients only of organizations located outside the U.S.
Account & Service Control · Company practice
Epic may provide technical support for MyChart Central account access and troubleshooting
If you have a MyChart Central account, Epic may provide technical support for questions or concerns about account access and troubleshooting related to MyChart Central.
Supporting quotations
If You have a MyChart Central account, Epic may provide technical support for questions or concerns regarding account access and troubleshooting related to MyChart Central.
Qualifications & exceptions
"May" means Epic is not stated to be required to provide this support.
Limited to MyChart Central account access and troubleshooting.
Legal Rights & Agreement Rules · Context
Using Services through the app may require extra terms from your provider or, for MyChart Central, from Epic
The app enables access to Services, including certain Services licensed under your provider's own terms. Using the Services may require you to agree to additional terms of service from your provider or, for MyChart Central, from Epic. MyChart Central is the service, enabled by some U.S. Epic customers, that streamlines access to your MyChart accounts at multiple healthcare organizations.
Supporting quotations
THIRD PARTY SERVICES AND MATERIALS
SERVICES. The App enables access to Services, including certain Services licensed under Your Provider’s own terms.
Use of the Services may require that You agree to additional terms of service from Your Provider or, for MyChart Central, from Epic.
Some Epic customers in the U.S. enable You to access MyChart Central, a service to help streamline Your access to Your MyChart accounts at multiple healthcare organizations.
Not stated here
Your provider's additional terms and the MyChart Central terms from Epic are not supplied in this source.
Legal Rights & Agreement Rules · Restriction or exception
You use the Services at your own risk, may meet objectionable content, and Epic accepts no responsibility for them
You understand that by using any of the Services you may encounter content that may be deemed offensive, indecent or objectionable. Your access to and use of the Services is at your sole risk. Epic does not warrant or endorse the Services and does not assume or accept any liability or responsibility for them.
Supporting quotations
You further understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable.
Your access to and use of the Services is at Your sole risk. Epic does not warrant or endorse, and does not assume or accept any liability or responsibility for, such Services.
Legal Rights & Agreement Rules · Restriction or exception
Third-party materials, including from your provider, are used at your own risk
The app may display, include or make available content, data, information, applications or materials from third parties, or link to third-party websites, including from your provider ("Third Party Materials"). You acknowledge these are not under Epic's control and that Epic is not responsible for them. If you access them from the app you do so at your own risk, and Epic does not warrant or endorse them or accept liability or responsibility to you or anyone else for them.
Supporting quotations
The App may display, include or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites, including from Your Provider (“Third Party Materials”).
By using the App, You acknowledge and agree that the Third Party Materials are not under the control of Epic, and Epic is not responsible for such Third Party Materials.
If You access Third Party Materials from the App, then You do so at Your own risk. Epic does not warrant or endorse, and does not assume or accept any liability or responsibility to You or any other person for, any Third Party Materials.
Charges & Financial Obligations · Restriction or exception
You pay any data charges, and your internet provider may have its own terms
Your use of the app may require an internet connection. You may incur data charges for information sent or received by your device while using the app, and you are solely responsible for those charges. Using an internet connection may require you to agree to additional terms of service from your internet provider.
Supporting quotations
You may incur data charges related to information transmitted (whether sent or received) by Your device while using the App. You are solely responsible for any such data charges.
Use of an internet connection may require You to agree to additional terms of service from Your internet provider.
Qualifications & exceptions
The app may require an internet connection.
Legal Rights & Agreement Rules · Restriction or exception
You promise you have authority, are not in an embargoed country or on a restricted list, and will not misuse the app
You represent, warrant and covenant for Epic's benefit that you have the legal right and authority to enter into the agreement. You also represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country; that you are not listed on any U.S. Government list of prohibited or restricted parties; and that you will not use the app or Services for purposes prohibited by U.S. law, including developing, designing, manufacturing or producing nuclear missiles or chemical or biological weapons.
Supporting quotations
WARRANTIES AND DISCLAIMER
WARRANTIES BY YOU. You hereby represent, warrant, and covenant for the benefit of Epic that You have the legal right and authority to enter into this Agreement.
(i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; (ii) You are not listed on any U.S. Government list of prohibited or restricted parties; and (iii) You will not use the App or Services for any purposes prohibited by U.S. law, including, without limitation, the development, design, manufacture, or production of nuclear missiles or chemical or biological weapons.
Qualifications & exceptions
These are statements you make to Epic; the examples after "including, without limitation" are not a closed list of prohibited purposes.
Legal Rights & Agreement Rules · Restriction or exception
You may export or re-export the app only as U.S. law and local law allow
You may not use or otherwise export or re-export the app except as authorized by U.S. law and the laws of the jurisdiction where the app was obtained. In particular, but without limitation, the app may not be exported or re-exported into any U.S. embargoed country or to anyone on the U.S. Treasury Department's Specially Designated Nationals list or the U.S. Department of Commerce Denied Persons List or Entity List.
Supporting quotations
You may not use or otherwise export or re-export the App except as authorized by U.S. law and the laws of the jurisdiction in which the App was obtained.
In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List.
Legal Rights & Agreement Rules · Restriction or exception
The app, Services and third-party materials come "as-is" with all warranties disclaimed
To the maximum extent permitted by law, the app (including all app content), the Services and Third Party Materials are provided strictly "as-is" and "as-available". Epic, its third-party licensors and its distributors disclaim all warranties and representations of any kind, express, implied or statutory, including any warranty that use will be uninterrupted or error free, and warranties of merchantability, title, fitness for a particular purpose and non-infringement. Because some jurisdictions do not allow the exclusion of implied warranties, that exclusion may not apply to you.
Supporting quotations
WARRANTIES AND DISCLAIMER
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP (INCLUDING ALL APP CONTENT), SERVICES AND THIRD PARTY MATERIALS ARE PROVIDED TO YOU STRICTLY “AS-IS” AND “AS-AVAILABLE”
EPIC, ITS THIRD PARTY LICENSORS, AND ITS DISTRIBUTORS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE APP, THE SERVICES AND ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
Qualifications & exceptions
The disclaimer applies "to the maximum extent permitted by law".
The jurisdiction sentence refers to the exclusion of implied warranties; it does not say other disclaimers fall away.
Legal Rights & Agreement Rules · Restriction or exception
Information or advice from Epic does not create any warranty
No oral or written information or advice given by Epic or its employees, distributors, dealers or agents creates any warranty by or on behalf of Epic.
Supporting quotations
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EPIC, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS, WILL CREATE ANY WARRANTIES BY OR ON BEHALF OF EPIC.
Legal Rights & Agreement Rules · Restriction or exception
Epic excludes liability for personal injury and for incidental, special, indirect or consequential damages
To the maximum extent permitted by law, in no event are Epic, its licensors or its distributors liable for personal injury, or for incidental, special, indirect, exemplary or consequential damages of any kind, including lost profits, loss of data, business interruption or other commercial damages or losses, arising in connection with the agreement, the app (including app content), any Services or any Third Party Materials, however caused and whatever the theory of liability, even if Epic was told such damages were possible. In jurisdictions where limiting liability for consequential or incidental damages is not permitted, Epic's liability for those damages is limited to the maximum extent permitted by law.
Supporting quotations
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EPIC OR ITS LICENSORS OR DISTRIBUTORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES
IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, EPIC’S LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Qualifications & exceptions
Applies "to the maximum extent permitted by law".
The list of excluded liability expressly starts with personal injury.
Charges & Financial Obligations · Restriction or exception
Epic's total liability to you is capped at $50
In no event will the aggregate liability of Epic, its licensors or its distributors to you for damages exceed fifty U.S. dollars ($50.00). The limits apply even if the stated remedy fails of its essential purpose. You agree that free access to the app and Services reflects the allocation of risk in the agreement, and you acknowledge Epic would not enter the agreement without these limits.
Supporting quotations
IN NO EVENT SHALL EPIC’S, OR EPIC’S LICENSORS’ OR DISTRIBUTORS’ AGGREGATE LIABILITY TO YOU FOR DAMAGES EXCEED THE AMOUNT OF FIFTY U.S. DOLLARS ($50.00).
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU AGREE THAT THE FREE ACCESS TO THE APP AND THE SERVICES REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT
Not stated here
This sentence does not repeat "to the maximum extent permitted by law", so the text does not say how the $50 cap applies where a jurisdiction does not allow such a limit.
Legal Rights & Agreement Rules · Restriction or exception
U.S. Government end users get the app only as commercial items, with the same rights as other users
The app and related documentation are described as "Commercial Items" consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation" under the cited federal acquisition regulations. They are licensed to U.S. Government end users only as Commercial Items and with only those rights granted to all other end users under the agreement's terms and conditions.
Supporting quotations
END USERS EMPLOYED BY THE U.S. GOVERNMENT
The App and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”
the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Qualifications & exceptions
The regulations are cited by number only; their text is not supplied in this source.
Legal Rights & Agreement Rules · Restriction or exception
You must defend and indemnify Epic against claims from your legal violations, breaches or use of the app
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Epic and its affiliates, employees, agents, contractors, assigns, licensees and successors in interest from any and all claims, losses, fees, expenses, costs (including attorneys' fees, court costs, damage awards and settlement amounts), damages or liabilities, regardless of cause, arising out of or relating to four things: (1) any actual or alleged violation of any law, rule, regulation or ordinance by you; (2) any actual or alleged breach of the agreement by you; (3) any infringement, misappropriation or other violation of intellectual property rights by you; or (4) your use of, operation of, installation of, configuration of, uninstallation of, or reliance upon the results generated or information transmitted by, the app or the Services.
Supporting quotations
INDEMNIFICATION
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS EPIC, ITS RESPECTIVE AFFILIATES, EMPLOYEES, AGENTS, CONTRACTORS, ASSIGNS, LICENSEES, AND SUCCESSORS IN INTEREST (“INDEMNIFIED PARTIES”) FROM ANY AND ALL CLAIMS, LOSSES, FEES, EXPENSES, COSTS (INCLUDING ATTORNEYS’ FEES, COURT COSTS, DAMAGE AWARDS, AND SETTLEMENT AMOUNTS), DAMAGES OR LIABILITIES, REGARDLESS OF THE CAUSE, ARISING OUT OF OR RELATING TO: (1) ANY ACTUAL OR ALLEGED VIOLATION OF ANY LAWS, RULES, REGULATIONS, OR ORDINANCES BY YOU; (2) ANY ACTUAL OR ALLEGED BREACH OF THIS AGREEMENT BY YOU; (3) ANY INFRINGEMENT, MISAPPROPRIATION, OR OTHER VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHTS BY YOU; OR (4) YOUR USE OF, OPERATION OF, INSTALLATION OF, CONFIGURATION OF, UNINSTALLATION OF, AND/OR RELIANCE UPON THE RESULTS GENERATED OR INFORMATION TRANSMITTED BY, THE APP OR THE SERVICES.
Qualifications & exceptions
Applies "to the maximum extent permitted by law".
Covers "actual or alleged" violations and breaches, not only proven ones.
Item (4) is not limited to wrongdoing: it covers your use of, and reliance on results or information from, the app or Services.
Not stated here
The text does not say whether item (4) is limited to claims brought by third parties.
Legal Rights & Agreement Rules · Procedure
Indemnity claims: Epic gives notice, indemnified parties may join, and settlements admitting Epic fault need consent
Epic will give you notice of any claim or allegation covered by the indemnity, and any indemnified party has the right to participate in the defense of the claim at its own expense. To the extent applicable, you must obtain Epic's prior written consent to any settlement or judgment in which you agree to any finding of fault of Epic or defect in the app or the Services.
Supporting quotations
EPIC WILL PROVIDE YOU WITH NOTICE OF ANY SUCH CLAIM OR ALLEGATION AND ANY INDEMNIFIED PARTY WILL HAVE THE RIGHT TO PARTICIPATE IN THE DEFENSE OF ANY SUCH CLAIM AT ITS EXPENSE.
TO THE EXTENT APPLICABLE, YOU WILL OBTAIN EPIC’S PRIOR WRITTEN CONSENT TO ANY SETTLEMENT OR JUDGMENT IN WHICH YOU AGREE TO ANY FINDING OF FAULT OF EPIC OR DEFECT IN THE APP OR THE SERVICES.
Qualifications & exceptions
The consent requirement applies "to the extent applicable".
Not stated here
The paragraph states no deadline for Epic's notice.
Content & IP Rights · Procedure
Report claimed copyright infringement to Epic's Legal Notices contact
Epic says it respects the copyrights and other intellectual property rights of app users and other third parties. If you believe in good faith that your copyrighted work has been reproduced on the app without authorization, you can reach Epic's agent for notice of claims of copyright or other intellectual property infringement by mail at Epic Systems Corporation, Attn: Legal, 1979 Milky Way, Verona, WI 53593, USA, or by email at LegalNotices@epic.com.
Supporting quotations
INFRINGEMENT
If You believe in good faith that Your copyrighted work has been reproduced on the App without authorization, Epic’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: Epic Systems Corporation
Attn: Legal
1979 Milky Way, Verona, WI 53593
USA
By email: LegalNotices@epic.com
Content & IP Rights · Procedure
An infringement notice must include five items, including a good-faith statement and a signature
If you contact Epic about a claim of this kind, you should provide: (1) the identity of the infringed work and of the allegedly infringing work; (2) your name, address, daytime phone number and email address, if available; (3) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the owner, its agent or the law; (4) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner; and (5) your electronic or physical signature.
Supporting quotations
If You contact Epic about any such claims, please provide the following information: (1) the identity of the infringed work and of the allegedly infringed work; (2) Your name, address, daytime phone number, and email address, if available; (3) a statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law; (4) a statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner; and (5) Your electronic or physical signature.
Qualifications & exceptions
The text says "please provide"; it does not say what Epic does if an item is missing.
Account & Service Control · User right or choice
You may end the agreement at any time; Epic may end it at any time for any reason
The agreement lasts until you or Epic terminates it. You may terminate it at any time and for any reason or no reason by written notice to Epic or by following any termination instructions provided through the app. Epic may terminate it at any time, for any reason or no reason, in its sole discretion.
Supporting quotations
TERMINATION
This Agreement is effective until terminated by You or Epic.
You may terminate this Agreement at any time and for any reason or no reason by providing written notice of such termination to Epic or by following any instructions for termination provided through the App.
Epic may terminate this Agreement at any time, for any reason, or no reason, in Epic’s sole discretion.
Qualifications & exceptions
Termination by Epic is at its sole discretion and needs no reason; this paragraph states no notice period.
Account & Service Control · Company practice
Epic may suspend your access, with or without notice, for suspected breach or other detrimental conduct
Epic may suspend your access to the app, with or without notice to you, upon any actual, threatened or suspected breach of the agreement or of applicable law, or upon any other conduct inappropriate or detrimental to the app, the Services or your provider.
Supporting quotations
Epic may also suspend Your access to the App, with or without notice to You, upon any actual, threatened, or suspected breach of this Agreement or of applicable law or upon any other conduct inappropriate or detrimental to the App, the Services, or Your Provider.
Qualifications & exceptions
Triggers include threatened or suspected breaches and "any other conduct inappropriate or detrimental" to the app, Services or your provider.
Not stated here
The agreement does not define which conduct counts as inappropriate or detrimental, and does not describe a process to dispute a suspension.
Account & Service Control · Restriction or exception
After termination you must stop using and delete the app, and certify it if Epic asks
When the agreement terminates, all rights granted to you end and Epic may immediately terminate your access to the app and all Services. You must stop using the app and the Services, destroy all copies of the app and uninstall it from all your devices. At Epic's written request, you must certify to Epic in writing that you have complied with these provisions.
Supporting quotations
Upon termination of the Agreement, all rights granted to You under this Agreement will terminate and Epic may immediately terminate Your access to the App and all Services.
Upon termination of the Agreement, You must stop using the App and the Services, destroy all copies of the App, and uninstall it from all Your devices upon which it was installed. At Epic’s written request, You must certify to Epic in writing that You have complied with the provisions of this section.
Not stated here
The agreement does not say what happens to data already held by Epic or your provider when the agreement terminates.
Legal Rights & Agreement Rules · Company practice
Sections 1, 2, 5-10 and 12-19 survive termination
The agreement says that the provisions of Sections 1, 2, 5-10 and 12-19 survive any termination or expiration. Counting the headed sections in order (the extracted text does not show the numbers), these are the license and its limits, third party services and materials, warranties and disclaimer, limitation of liability, U.S. Government end users, indemnification, infringement, support, applicable law, notices, severability, assignment, arbitration, general terms and the iOS terms. Counted that way, Sections 3 (technical data and privacy), 4 (MyChart Central) and 11 (termination) are not on the list.
Supporting quotations
The provisions of Sections 1, 2, 5-10, and 12-19 shall survive any termination or expiration of this Agreement.
Qualifications & exceptions
Section numbers are not printed in the extracted text; the mapping above counts the headed sections in order and is consistent with the agreement's own cross-references to Sections 1, 11, 12 and 17.
Not stated here
The text does not say what happens to Sections 3, 4 and 11 on termination, such as how long the technical data or MyChart Central data provisions continue to apply.
Account & Service Control · Restriction or exception
Epic does not provide app support; ask your provider first
You acknowledge that Epic does not provide technical support to you for the app. Any support is provided directly by your provider. When possible, you will direct all technical support questions and any other questions, complaints or claims about the app to your provider, using the contact information provided for them within the app.
Supporting quotations
SUPPORT; CONTACT YOUR PROVIDER; EPIC CONTACT INFORMATION
You acknowledge that Epic does not provide technical support to You for the App. Your support, if any, for the use of the App is provided directly by Your Provider.
When possible You will direct all technical support questions and any other questions, complaints, or claims regarding the App to Your Provider using the contact information provided for them within the App.
Qualifications & exceptions
The statement is about the app; the MyChart Central paragraph separately says Epic may provide technical support for MyChart Central account access and troubleshooting.
"When possible" qualifies the duty to go to your provider first.
Cross-references
contrast (model-proposed): Epic may provide technical support for MyChart Central account access and troubleshooting — contrast: The support section says Epic does not provide technical support for the app and sends questions to your provider, while the MyChart Central paragraph says Epic may provide technical support for MyChart Central account access and troubleshooting. The text does not say how a MyChart Central question is routed beyond giving a separate MyChart Central support email.
Account & Service Control · Procedure
If your provider cannot resolve it, contact Epic by mail, phone or email
If you still need support after working with your provider, any remaining questions, complaints or claims about the app should be directed to Epic. Epic lists a mailing address (Epic Systems Corporation, 1979 Milky Way, Verona, WI, 53593, USA), a phone number (1-608-271-9000), an email address for general inquiries (info@epic.com) and a separate email address for MyChart Central (MyChartCentralSupport@epic.com).
Supporting quotations
If You still need support after working with Your Provider, any remaining questions, complaints, or claims with respect to the App should be directed to Epic using the contact information below.
By mail: Epic Systems Corporation
1979 Milky Way, Verona, WI, 53593
USA
By phone: 1–608–271–9000
By email (for general inquiries): info@epic.com.
By email (for MyChart Central): MyChartCentralSupport@epic.com
Qualifications & exceptions
This is the second step, after working with your provider.
Legal Rights & Agreement Rules · Context
Wisconsin law governs the agreement and your use of the app
Unless prohibited by applicable law, the laws of the State of Wisconsin, excluding its conflicts of law rules, govern the agreement, its construction, and your use of the app and the Services.
Supporting quotations
APPLICABLE LAW
Unless prohibited by applicable law, the laws of the State of Wisconsin, excluding its conflicts of law rules, govern this Agreement, its construction, and Your use of the App and the Services.
Qualifications & exceptions
"Unless prohibited by applicable law" qualifies the choice of law.
The arbitration section has its own place and governing-law terms.
Legal Rights & Agreement Rules · Procedure
Notices you give Epic must be in writing and delivered by hand, overnight service or certified mail
All notices you give Epic under the agreement must be in writing and sent by hand delivery, by a nationally recognized overnight mail service (such as Federal Express or UPS), or by certified mail, return receipt requested, to Epic at the address in Section 12 (the support and contact section).
Supporting quotations
NOTICES
All notices to be given by You to Epic under this Agreement will be made in writing and will be via (1) hand delivery; (2) nationally recognized overnight mail service (i.e. Federal Express or UPS); or (3) certified mail, return receipt requested, to Epic at the address set forth above in Section 12.
Qualifications & exceptions
The listed delivery methods do not include email.
Not stated here
The agreement does not say how this rule fits with the termination paragraph, which also allows ending the agreement by following instructions provided through the app.
Legal Rights & Agreement Rules · Procedure
Epic may notify you by mail methods, app posting or email; notices take effect on receipt or three days after mailing
Notices from Epic to you may be given by any of the methods listed for notices to Epic, by posting to the app, or by email to the current email address on file for you. All notices take effect upon receipt (or when delivery is refused), or three days after being deposited in the mail as required, whichever is sooner. The modification paragraph separately says a change to the app or the terms takes effect immediately upon posting on the app or on other notice.
Supporting quotations
All notices to be given by Epic to You under this Agreement may be made via any of the methods stated in the previous sentence or via posting to the App or via email to the current email address on file for You.
All notices will be effective upon receipt (or when delivery is refused) or three days after being deposited in the mail as required above, whichever occurs sooner.
Any modification will be effective immediately upon posting on the App or such other notice.
Not stated here
The agreement does not say how the receipt-based timing for notices applies to a notice given only by posting to the app, or how it fits with the "effective immediately upon posting" rule for modifications.
Legal Rights & Agreement Rules · Context
If part of the agreement is held invalid, the rest stays in force
If a court of binding jurisdiction holds any provision of the agreement invalid, illegal or unenforceable, the remainder of the agreement remains in full force and effect.
Supporting quotations
SEVERABILITY
If any provision of this Agreement is held, by a court of binding jurisdiction, to be invalid, illegal, or unenforceable, the remainder of this Agreement will remain in full force and effect.
Legal Rights & Agreement Rules · Restriction or exception
You cannot assign the agreement without Epic's approval, but Epic can freely assign it
You may not assign or transfer the agreement, or any of your rights or obligations under it, to anyone without Epic's prior written approval. Epic may freely assign the agreement or transfer any of its rights under it.
Supporting quotations
ASSIGNMENT
You may not assign or transfer this Agreement nor any rights or obligations that You have under this Agreement to anyone without Epic’s prior written approval.
Epic may freely assign this Agreement or transfer any of its rights under this Agreement.
Qualifications & exceptions
The restriction on you is lifted by Epic's prior written approval; Epic needs no approval.
Legal Rights & Agreement Rules · Restriction or exception
Disputes with Epic must go to binding individual arbitration under Section 17, with limited carve-outs
Any dispute, claim or controversy of any nature arising out of or relating in any way to the app, the agreement or the arbitration agreement, including its interpretation, validity, scope or applicability, which cannot be resolved informally, must be resolved by binding arbitration on an individual basis, not a class or representative basis. The arbitration agreement applies to you and Epic and to their subsidiaries, affiliates, agents, employees, predecessors in interest, successors in interest and assigns, unless prohibited by applicable law. The agreement says each side understands it gives up the chance to go to court, have a judge or jury decide, or take part in a class action.
Supporting quotations
ARBITRATION AGREEMENT
APPLICABILITY OF ARBITRATION AGREEMENT. Any dispute, claim or controversy of any nature arising out of or relating in any way to the App, this Agreement, or this Arbitration Agreement (as defined below), including without limitation the interpretation, validity, scope, or applicability of this Agreement or the Arbitration Agreement (hereinafter, collectively, the “Dispute”), which cannot be resolved informally, shall be resolved by binding arbitration on an individual, and not a class or representative, basis
This Arbitration Agreement applies to You and Epic (collectively, the “Parties”) and the Parties’ subsidiaries, affiliates, agents, employees, predecessors in interest, successors in interest, and assigns unless prohibited by applicable law.
THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE
Qualifications & exceptions
Applies "unless prohibited by applicable law".
Section 17 contains carve-outs: Epic's court injunctive relief, and severance of a claim for which the class limit is unenforceable.
Not stated here
The agreement text does not describe an informal dispute-resolution process, although it refers to disputes that "cannot be resolved informally".
Legal Rights & Agreement Rules · Restriction or exception
Epic may go to court at once for injunctive relief over confidentiality or intellectual property violations
If there is any actual, alleged or threatened violation of confidentiality or of Epic's or your provider's intellectual property or other proprietary rights, Epic may immediately go to a court of competent jurisdiction to seek immediate injunctive relief, without posting a bond or proving damages. Starting an action for injunctive relief does not waive any party's right or obligation to arbitrate any claim seeking other relief.
Supporting quotations
DISPUTES EXCLUDED FROM ARBITRATION. In the event of any actual, alleged or threatened violation of confidentiality or violation of Epic’s or Your Provider’s intellectual property or other proprietary rights, Epic may immediately resort to court proceedings in a court of competent jurisdiction as set forth above in order to seek immediate injunctive relief without posting of a bond, proof of damages or other similar requirement.
The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.
Qualifications & exceptions
The right to go to court is stated for Epic; the paragraph does not state a matching right for you.
Other relief claims still go to arbitration.
Not stated here
The phrase "as set forth above" does not point to any court location or court choice stated earlier in the agreement text.
Legal Rights & Agreement Rules · Restriction or exception
Arbitration proceedings and their results are confidential
The parties agree that all actions taken under the arbitration agreement and related provisions, including all filings, orders, judgments and awards in any arbitration proceeding, are confidential and may not be disclosed to any third party except as otherwise required by law.
Supporting quotations
CONFIDENTIAL PROCEEDINGS. The Parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party, except as otherwise may be required by law.
Qualifications & exceptions
The confidentiality duty runs to both parties and has an exception where disclosure is required by law.
Not stated here
The paragraph does not say whether you may tell a lawyer, regulator or family member about a proceeding.
Legal Rights & Agreement Rules · Procedure
A single American Arbitration Association arbitrator decides, and the decision is final and binding
The arbitration is administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator selected under those Rules. The arbitrator's decision is final and binding, and any final award or judgment may be filed and enforced in any court of competent jurisdiction.
Supporting quotations
The arbitration proceeding will be administered by the American Arbitration Association under their Commercial Arbitration Rules (the "Rules") and before a single arbitrator selected pursuant to the Rules.
The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction.
Charges & Financial Obligations · Company commitment
Epic pays all arbitration filing, administration and arbitrator fees
Epic will pay all filing, administration and arbitrator fees associated with the arbitration.
Supporting quotations
Epic will pay all filing, administration, and arbitrator fees associated with the arbitration.
Qualifications & exceptions
This covers filing, administration and arbitrator fees; the General section separately gives the prevailing party in any Dispute its costs, expert witness fees and reasonable attorneys' fees.
Cross-references
contrast (model-proposed): The prevailing party in any Dispute recovers its costs, expert fees and attorneys' fees — contrast: Epic agrees to pay all arbitration filing, administration and arbitrator fees, while the General section gives the prevailing party in any Dispute its costs, expert witness fees and reasonable attorneys' fees. The agreement does not say how the two rules fit together.
Legal Rights & Agreement Rules · Procedure
Arbitration takes place in Dane County, Wisconsin, under the Federal Arbitration Act
The place of arbitration is Dane County, Wisconsin, unless all parties to the arbitration agree otherwise in writing. The parties acknowledge that the arbitration agreement involves interstate commerce, and the Federal Arbitration Act, as amended, governs its interpretation, enforcement and proceedings. To the extent state law applies, Wisconsin law applies without regard to conflict of laws provisions.
Supporting quotations
The place of arbitration shall be in Dane County, Wisconsin, unless otherwise agreed to in writing by all parties to the arbitration.
the Federal Arbitration Act, 9 U.S.C. § 1, et seq., as may be amended from time to time, shall govern the interpretation, enforcement and proceedings pursuant to this Arbitration Agreement.
To the extent state law is applicable, the laws of the State of Wisconsin shall apply without regard to conflict of laws provisions.
Qualifications & exceptions
The place can change only by written agreement of all parties to the arbitration.
Not stated here
The agreement does not say whether hearings may be held remotely or by written submission.
Cross-references
qualifies (model-proposed): Wisconsin law governs the agreement and your use of the app — qualifies: The general Wisconsin choice-of-law paragraph is qualified for arbitration: the Federal Arbitration Act governs the interpretation, enforcement and proceedings of the arbitration agreement, and Wisconsin law applies there only to the extent state law is applicable.
Legal Rights & Agreement Rules · Restriction or exception
Arbitration must be started within one year after a dispute arose, or the dispute is barred
The parties agree that they must initiate arbitration within one year after any Dispute arose; otherwise the Dispute is permanently barred.
Supporting quotations
TIME LIMITATION ON CLAIMS. The Parties agree that they must initiate arbitration within one (1) year after any Dispute arose; otherwise, the Dispute is permanently barred.
Qualifications & exceptions
The deadline applies to both parties and to any Dispute as defined in the arbitration section.
Not stated here
The agreement does not say when a Dispute "arose" or how this limit interacts with any longer period the law would otherwise allow.
Legal Rights & Agreement Rules · Restriction or exception
You and Epic may bring claims only individually, not as class or representative actions
You and Epic agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Unless both you and Epic agree otherwise, the arbitrator may not consolidate one or more persons' claims with yours and may not preside over any form of representative or class proceeding. If there is a final judicial determination that applicable law precludes enforcement of this limit as to a particular claim for relief, only that claim is severed from the arbitration and may be brought in court.
Supporting quotations
CLASS ACTION AND JURY TRIAL WAIVER. YOU AND EPIC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both You and Epic agree otherwise, the arbitrator may not consolidate one or more person’s claims with Your claims, and may not otherwise preside over any form of a representative or class proceeding.
If there is a final judicial determination that applicable law precludes enforcement of this Paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Qualifications & exceptions
The consolidation bar lifts if both you and Epic agree otherwise.
Severance to court covers only a claim for which a final judicial determination says the limit cannot be enforced.
Legal Rights & Agreement Rules · Restriction or exception
Each side waives a jury trial, except for Epic's right to seek injunctive relief in court
Each party waives, to the fullest extent permitted by law, any right to a jury trial in any action, suit, claim or proceeding arising under or relating to the agreement. The waiver is stated to be with the exception of Epic's right to injunctive relief set forth in Section 17(b).
Supporting quotations
EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM, OR PROCEEDING ARISING HEREUNDER, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, WITH THE EXCEPTION OF EPIC’S RIGHT TO INJUNCTIVE RELIEF SET FORTH IN SECTION 17(b).
Qualifications & exceptions
The waiver applies "to the fullest extent permitted by law".
Section 17(b) is read as the Disputes Excluded from Arbitration paragraph, the second paragraph of the arbitration section; the sub-letters are not printed in the extracted text.
Not stated here
The exception is stated for Epic's injunctive-relief right only; the text does not say how a jury waiver applies to any court action by you.
This is the entire agreement; changes must be signed by both sides, except as the agreement itself allows
The agreement sets forth the entire agreement between Epic and you about the app, and supersedes all prior or contemporaneous representations, understandings or agreements. Except as set forth in the agreement, any modification or amendment must be in writing and signed by both parties. The agreement itself includes an exception: Epic may change the app's functionality or the terms by posting the change on the app or giving other notice, effective immediately.
Supporting quotations
GENERAL
This Agreement sets forth the entire agreement between Epic and You with regard to the App. All prior or contemporaneous representations, understandings or agreements are superseded by this Agreement.
Except as set forth in this Agreement, any modification or amendment of this Agreement must be in writing, and signed by both parties.
Qualifications & exceptions
"Except as set forth in this Agreement" preserves the modification paragraph, under which Epic can change terms without your signature.
Not stated here
The agreement text does not say whether any other document, such as the Privacy Policy or your provider's terms, is part of the "entire agreement"; the Privacy Policy is separately made applicable by reference.
Legal Rights & Agreement Rules · Restriction or exception
Not enforcing a term once does not waive it later
Any failure to enforce any provision of the agreement on one occasion will not be deemed a waiver of that provision, or of any other provision, on any other occasion.
Supporting quotations
Any failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Legal Rights & Agreement Rules · Context
You and Epic are independent parties and neither can bind the other
You and Epic are independent parties. The agreement does not create any agent, employer, employee or joint venture relationship between you and Epic, and it does not give either of you the right or ability to bind or enter into any obligation on behalf of the other.
Supporting quotations
You and Epic are independent parties and this Agreement does not create any agent, employer, employee or joint venture relationship between You and Epic. This Agreement does not give You or Epic the right or ability to bind or enter into any obligation on behalf of the other.
Charges & Financial Obligations · Restriction or exception
The prevailing party in any Dispute recovers its costs, expert fees and attorneys' fees
The prevailing party in any Dispute under the agreement is entitled to receive its costs, expert witness fees and reasonable attorneys' fees, including costs and fees on appeal. "Dispute" is the term the arbitration section defines for any dispute, claim or controversy arising out of or relating in any way to the app, the agreement or the arbitration agreement.
Supporting quotations
The prevailing party in any Dispute under this Agreement will be entitled to receive its costs, expert witness fees and reasonable attorneys’ fees, including costs and fees on appeal.
(hereinafter, collectively, the “Dispute”)
Qualifications & exceptions
The rule applies to either side: whichever party prevails recovers.
Not stated here
The agreement does not define "prevailing party" or say how this fee-shifting rule fits with Epic paying all arbitration filing, administration and arbitrator fees.
Legal Rights & Agreement Rules · Context
For iOS users the agreement is between you and Epic, not Apple, and Epic is responsible for the app
These additional terms apply to iOS users only. The agreement is solely between you and Epic, not Apple. As between Epic and Apple, Epic, not Apple, is responsible for the app and the terms of the agreement.
Supporting quotations
ADDITIONAL TERMS FOR iOS USERS ONLY
This Agreement is solely between You and Epic, not Apple, Inc (“Apple”). As between Epic and Apple, Epic, not Apple, is responsible for the App and the terms of this Agreement.
Qualifications & exceptions
The heading limits these terms to iOS users.
Not stated here
This source has no matching section for Android or other platforms.
Legal Rights & Agreement Rules · Permission or license
Apple can enforce the agreement against iOS users as a third-party beneficiary
Apple and Apple's subsidiaries are third party beneficiaries of the agreement. Once you accept it, Apple has the right, and is deemed to have accepted the right, to enforce the agreement against you.
Supporting quotations
However, Apple and Apple’s subsidiaries are third party beneficiaries of the Agreement. Once You accept this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You.
Qualifications & exceptions
Applies to iOS users under the iOS-only terms.
Legal Rights & Agreement Rules · Restriction or exception
Apple is not responsible for the app, its content, claims about it, or maintenance and support
Apple is not responsible or liable for the app or the app content and is not responsible for addressing claims by you or any third party relating to the app or your possession or use of it, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and claims under consumer protection or similar legislation. Apple has no obligation to provide maintenance or support services for the app.
Supporting quotations
Apple is not responsible or liable for the App or the App content and is not responsible for addressing any claims by You or any third party relating to the App or Your possession and/or use of the App, including without limitation: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Apple has no obligation to provide maintenance or support services for the App.
Qualifications & exceptions
The listed claim types are examples ("including without limitation").
Applies to iOS users.
Legal Rights & Agreement Rules · Company commitment
As between Epic and Apple, Epic alone handles intellectual property infringement claims about the app
If a third party claims that the app or your possession and use of it infringes that party's intellectual property rights, then as between Epic and Apple, Epic and not Apple is solely responsible for investigating, defending, settling and discharging the claim.
Supporting quotations
In the event of any third party claim that the App or Your possession and use of that App infringes on any third party’s intellectual property rights, as between Epic and Apple, it is Epic and not Apple that will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Qualifications & exceptions
The allocation is "as between Epic and Apple"; it does not describe your rights against either.
Charges & Financial Obligations · User right or choice
If the app breaks a warranty, you may notify Apple for a refund of any purchase price; otherwise Epic handles claims
If the app fails to conform to any applicable warranty, you may notify Apple and you will be refunded any purchase price, if applicable. To the maximum extent permitted by applicable law, Apple has no other warranty obligation for the app and no responsibility for other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty. As between Epic and Apple, Epic, not Apple, is responsible for addressing claims relating to the app or your possession or use of it.
Supporting quotations
In the event the App fails to conform to any applicable warranty, You may notify Apple and You will be refunded any purchase price, if applicable, for the App.
To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and Apple has no responsibility for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
As between Epic and Apple, Epic, not Apple, is responsible for addressing any claims relating to the App or Your possession and/or use of the App.
Qualifications & exceptions
The refund is of "any purchase price, if applicable"; the agreement elsewhere describes access to the app as free.
Applies to iOS users.
Not stated here
The agreement does not say which warranties are "applicable", since it also disclaims warranties.
Content & IP Rights · Permission or license
iOS users may use the app on other accounts through Family Sharing or volume purchasing
In addition to the license terms above, you may also access, acquire and use the app on other accounts associated with you via Family Sharing or volume purchasing. Your use of the app is also subject to any applicable terms of service from Apple.
Supporting quotations
In addition to the license terms above, You may also access, acquire, and use the App on other accounts associated with You via Family Sharing or volume purchasing. Your use of the App is also subject to any applicable terms of service from Apple.
Qualifications & exceptions
Applies to iOS users under the iOS-only terms.
Not stated here
Apple's terms of service are not supplied in this source.
Cross-references
qualifies (model-proposed): You get a limited, personal, non-transferable license to use the app — qualifies: The iOS paragraph adds, 'in addition to the license terms above', that iOS users may use the app on other accounts associated with them through Family Sharing or volume purchasing, which widens the device-based license grant.